DOMESTIC RELATIONS THELMA L. HARMON - ASSOCIATE PROFESSOR LAW 725 - SEC 3 FALL 2021 - Thurgood ...
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DOMESTIC RELATIONS
LAW 725 – SEC 3
FALL 2021
M/W
3:00 PM TO 4:15 PM
ROOM 107
THELMA L. HARMON
ASSOCIATE PROFESSOR
“BEING UNPREPARED
IS
PREPARATION FOR FAILURE”PROFESSOR
Name: Thelma L. Harmon, Associate Professor Telephone: 713.313.1144
Email: thelma.harmon@tmslaw.tsu.edu Office: Room 100K
Office Hours
MONDAY: 12:00 PM – 2:00 PM
TUESDAY: 12:00 PM – 2:00 PM
WEDNESDAY: 12:00 PM – 2:00 PM
All Other Times by Appointment Only
Required Textbooks
Judith Areen, et al., Family Law, Cases and Materials, 7TH Edition (“Family Law”)
Joan Jenkins, et al., O’Connor’s Family Code, latest version (“Fam. Code”)
Supplemental Materials (ON BLACKBOARD)
Texas Cases and Articles
Video(s): (ON BLACKBOARD)
Course Description
This course examines family law from various jurisdictions governing (including Texas): (1)
formation of family relationship; (2) the family relationship itself; and (3) the dissolution of such
relationships including the distribution of property upon dissolution and issues regarding the
custody, support, and visitation of children of divorcing parent. The course will also look at the
relevance of race and gender to families and the law. The material covered in this course cuts
across constitutional, property, and contract laws.
Student Learning Outcomes:
Learning Outcomes Assessment Description
Understand marital laws, divorce and issues related to divorce. Exam and Court Observations
Understand how family law concepts work and apply in the real-world. Court Observations
Recognize, analyze, and understand family issues presented by a fact pattern. Exam
Supplemental Materials/Videos
We will make extensive use of the course’s Blackboard site. Supplemental reading materials and
videos will be available on Blackboard.
Family Court Observations
1. Observations. This assignment will introduce you to the reality of family law in trial courts.
You are responsible for observing FOUR (4) family law matters. You may attend any
proceeding in any Harris County Family District Court or Title IV-D Master court held
before the Presiding Judge or Associate Judge in any of the following: trial or hearing
(temporary orders or modification) involving divorce (with or without children), child
custody, child support, spousal maintenance, paternity, and domestic violence. Court
proceedings are in-person and/or via Zoom (visit the court’s website). If via Zoom, the
public link should be available on the court’s website. If in-person, dress appropriately
introduce yourself to the judge. Also, treat all court personnel with courtesy and respect.2. Court Observation Memorandum. Papers will be evaluated in terms of the quality of your
observations and your analysis, the use of readings to support your arguments, and writing
mechanics, such as spelling errors, grammar and punctuation. Your papers should be 3-5
pages, double-spaced, in Times New Roman12-point font. After your observation, prepare a
memo following the format and content requirements as set forth in attached Exhibit B.
3. Submission. All court observation memos must be submitted via hard copy to Ms.
Marilyn Epps in the Legal Clinic, Room 100. Emailed submissions will not be accepted.
No exception(s).
4. Due Dates
Observation Memorandums Date Due
No. 1 09/29/21
No. 2 10/13/21
No 3 & No. 4 11/23/21
Assignments. Completion of all assignments is a course requirement.
1. Reading and Writing Assignments: Writing assignments will form part of your class
participation grade. Students are expected to complete the reading assignments from the text
and supplemental materials before class. Students will submit all writing assignments to Ms.
Marilyn Epps, Legal Clinic--Room 100 by 3:00 PM CST on the due date. All writing
assignments must be submitted via hard copy--emailed submissions will not be
accepted. No exceptions. Unless otherwise instructed, all writing assignments must be
typed, double-space, 12-point font and 1-inch margins. As in the practice of law, the
student must retain his or her own copy in case something should happen to the original.
2. Class Structure: The class is divided into “Law Firms.” See Exhibit A for assignment of
firm members. Each Firm will have primary responsibility for the materials in designated
weeks. Although firms will be designated, you should always feel free to participate
throughout the term. On occasions, students outside of the designated Firm will be called
upon during class.
3. Reading and Discussion Leaders:
CLASS LAW FIRM
1 and 2 Alpha, Beta
3 and 4 Gamma, Delta
5 and 6 Epsilon, Zeta
8 Eta
9 and 10 Theta, Iota
11 Kappa
12, 13, 14, and 15 Lambda, Mu, Nu, Alpha
16 and 17 Gamma, Delta
18 and 19 Theta, Iota
20 All Firms
21, 22, and 23 Epsilon, Zeta, Eta
24 Mu
25 Beta
26 Nu
27 Kappa
28 All FirmsCourse Expectations—Policies and Procedures
1. Class Preparation and Participation. We will cover a lot of material and move quickly. It is
in your best interest to stay on top of the material as the challenge to catch up can be almost
insurmountable. The assigned reading for each class typically averages 20-30 pages of
textbook material (including cases, excerpts from secondary sources, notes, and problems)
with additional statutes and cases specific to Texas. The student’s preparation for each class
is critically important to his or her learning experience in this course. Students are expected
to complete the reading assignments from the text and supplemental materials, to attend each
class on time, and to participate in class discussions of readings, videos, and assignments.
Bring to every class your text and access to supplemental material. The student’s
preparation for class is also critically important to his or her training for a career where
adequate and timely preparation will be expected by clients, employers, ad courts.
Furthermore, the student’s adequate preparation for class will enable him or her to make
valuable contributions to class discussions and questions that are raised by course materials
that can then be addressed in class. Therefore, the student’s consistent and adequate
preparation for class will be considered in the determination of his or her course grade.
2. Seating Chart, Class Discussion, Professionalism. A seating chart will be distributed on
the first day of class. Please sign the chart in the place where you intend to sit all semester.
Please sit in your seating chart place for each class. On some occasions, I will use a set of
index cards with your name on them for randomly selecting students to call on during class.
This ensures everyone has an opportunity to speak in class and share their thinking on family
law, as well as be evaluated for participation. Please be in your seat before class begins and
throughout the class unless you have an exigent circumstance. Please turn off your cell
phones, and please refrain from using your computer for anything other than taking notes or
accessing the web for materials related to that day’s class.
3. Final Exam. The final exam will be given at the time and location assigned by the Dean’s
Office, unless a student requires accommodation, and the accommodation is approved and
arranged through the Dean’s Office. Exams will be based upon the reading materials,
lecture(s), class discussion(s) and the Texas Family Code. The format of the exam is TBD.
4. Attendance and Admittance. Attendance is mandatory. There are no EXCUSED
ABSENCES. According to Article III.9 of the Student Rules and Regulations if a student
misses more than the allotted number of classes under the said article, the student’s grade
may be reduced. Attendance will be called each day; students who are present should so
answer. The attendance sheet will be considered final; if you do not answer when your name
is called, you will be marked and considered absent. NO LATE ADMITTANCE. NO
EXCEPTIONS. Five (5) minutes after the start of class is the deadline for class admittance
the class. Thus, if the class is scheduled to start at 1:00 p.m., there will be no admittance
1:05 p.m. You will be counted absent. Late arrivals disrupt the class and any activity
currently taking place.
5. Electronic Devices & Internet Usage. Please turn off or silence your cell phone and do not
take it out during class. Many of you use laptops in class to take notes and review statutes
and cases. Such use of your laptops is permitted, however, PLEASE REFRAIN from internet
surfing during class. Random surfing (involving anything other than materials directly related
to that day’s class) during class is not permitted; if you are discovered surfing during class,you will LOSE five (5) participation points for each infraction. Surfing during class is a
distraction not only to you but also to everyone who can see your screen.
6. ADA Policy. Effective Fall 2021 semester, the TMSL administrative process for student
disability accommodation will be carried out by the TSU Student Accessibility Services
Office (SASO). SASO specializes in accommodation services and will provide efficient and
professional services to Thurgood Law students who may need accommodations. The
following is the transition process for accommodation services:
A. Previously Approved Law Students Law students who have been approved for
accommodations in previous years by the Law School Student Affairs Office
must complete the SASO Accommodation Request Form to request pre-approved
accommodations for the Fall 2021 academic term. Students who have questions should
contact SASO via email DisabilityServices@tsu.edu or phone 713-313-
4210. Accommodation Request Form link http://www.tsu.edu/students-
services/departments/disability-services/forms/student-accomodation-request-form.html.
B. New Accommodation Requests
1. Students must have a diagnosed disability and authentic documentation to apply. Once
the applicant's disability information is received, SASO will contact the student to
schedule an Intake (virtual) appointment for the student to self-report any disability
challenges/barriers associated with the condition that impacts their functioning abilities in
the learning environment.
2. SASO will next determine the student's eligibility status and accommodation plan based
on the disability, historical documentation, and self-reporting data. SASO will send a
notification letter indicating the applicant's service status. The notification letter requires
the applicant's signature. Upon receipt of the signed notification letter, SASO will
forward a copy of the accommodation letter to the student, with instruction on how to
complete the accommodation process.
C. Students must meet with their professor(s) to discuss how accommodations will be
implemented. The student and professor(s) must sign the accommodation letter. The
student will return a copy of the signed accommodation letter to SASO electronically.
D. COVID Related Accommodations TSU is completely re-opening for the Fall 2021
academic term for synchronous (in-person) courses. COVID accommodations will be
processed for those who report testing positive or exposure to COVID. Documentation is
required. Students will quarantine for 10 days. Students must submit Release of Care
documentation from a licensed health care professional to Student Accessibility Services
Office (SASO), return to class, and discuss missed assignment/exam make up plans with
Instructors. Students will not engage in class activities during the quarantine period.
Accommodation services are not to fundamentally alter course/program formats,
requirements, standards, and/or guidelines. Consequently, no remote/online attendance or
learning modalities will occur for synchronous (in-person) formatted courses for the
Fall 2021 academic term.
7. Not a Contract. This syllabus is NOT a contract and is subject to change. Changes will be
announced in class with as much warning as possible.8. Sensitivity. The class will be discussing some sensitive topics, so it is especially important
that we show civility and respect to one another as we discuss these matters.
Evaluation/Grading Policy
1. 1/4 of the final grade will be based on 4 Court Observation Memos (100 max. points)
2. 1/4 of the final grade will be based on attendance and class participation. (100 max. points)
3. 2/4 of the final grade will be based on the final examination. (100 max. points)
Grading Rubrics
1. Class Participation & Attendance -- See Exhibit C
2. Court Observation Memorandum -- See Exhibit C
GENERAL INFORMATION
Class meets every Monday (M) and Wednesday (W). References to: “Reading Materials”
means “articles” ; “Family Law” mean the textbook Family Law, Cases and Materials; “Cases”
mean case law; “Fam. Code” means the Texas Family Law Code; “Video” means videos posted
on Blackboard. This schedule is subject to change due to court dates.
CLASS LECTURE, READINGS AND DUE DATES SCHEDULE
CLASS ONE & TWO --- “WE ARE FAMILY” by Sister Sledge
“PAPA WAS A ROLLING STONE” by The Temptations
WHAT IS A FAMILY? MON, AUGUST 16, 2021/WED, AUGUST 18, 2021
A. What is a Family? Why do Families Matter?
B. Types of Family Structure?
1. Traditional (Nuclear Family) v. Modern (Non-Traditional Family)
2. Depiction of the American Family on Television.
C. What is the Relationship between Families and Law?
Class Reading(s):
1. Family Law: pp. 1-12
2. Reading Materials: Bowman, The new family: challenges to American family law
Needham, Difficult Relationship Between Family Law and Families
3. Case(s): James v. Hubbard, 21 S.W.3d 558, 561 (Tex. App.—San Antonio 2000, no pet.)
4. Fam. Code: Sec. 71.003
5. Video(s): a. Types of Family Structures
b. The Evolution of the TV Family
c. “WE ARE FAMILY” by Sister Sledge
d. “PAPA WAS A ROLLING STONE” by The Temptations
Writing Assignments: Due Monday, Aug. 16, 2021—turn in during Class.
1. When you think of your family, whom do you think of? Please list all of those who are in
your family and their relationship to you.2. Compare and contrast how “We Are Family” and “Papa was a Rolling Stone” depict family
(there is no page limit).
______________________________________________________________________________
CLASS THREE & FOUR – “BROWN-EYED WOMAN” by Bill Medley
MARRYING MON, AUGUST 23, 2021/ WED, AUGUST 25, 2021
A. What is Marriage?
1. Requirements
B. Perspectives on Marriage
C. Constitutional Restrictions
Class Reading(s):
1. Family Law: pp. 61-110
2. Reading Materials: N/A
3. Cases: Interracial Marriage: Loving v. Virginia
Child Support Arrearage Marriage: Zablocki v. Redhail
Prisoner Marriage: Turner v. Safley
Same-sex Marriage: Littleton v. Prange (transsexual)
Obergefell v. Hodges
4. Fam. Code: Sec. 2.001
5. Video: N/A
Writing Assignment: N/A
______________________________________________________________________________
CLASS FIVE & SIX – “YOUNG GIRL” by Gary Puckett & the Union Gap
MARRYING MONDAY, AUGUST 30, 2021
D. Traditional Restrictions WEDNESDAY, SEPTEMBER 1, 2021
1. Incest
2. Age
3. Pre-existing Marriage
4. Mental Incapacity
E. State of Mind Restrictions
1. Fraud
Class Reading(s):
1. Family Law: pp. 110-141; 155-157
Mead, Anomalies in American Post-Divorce Relationships excerpt
Levi-Strauss, The Family excerpt
2. Reading Materials: N/A
3. Cases:
Incest: State v. Sharon H. (half-brother/sister; sister adopted by another family
Back v. Back (stepdaughter)
Minor: In re J.N.M.
Pre-existing Collier v. FoxMarriage: Hovious v. Hovious (Texas case)
Mental Incapacity: Kerckhoff v. Kerckhoff (Texas case)
Fraud: Johnston v. Johnston
4. Fam. Code: Sec. 6.201 (Consanguinity); Sec. 2.101 (Age Requirement); Sec. 6.202
(Marriage During Existence of Prior Marriage); Sec. 6.205 (Marriage to Minor-void).
Sec. 6.206 (Marriage to Stepchild/Stepparent).
5. Video: Alliance Theory of Kinship by Levi-Strauss: Incest Taboo
Writing Assignment: N/A
______________________________________________________________________________
CLASS SEVEN LABOR DAY HOLIDAY MONDAY, SEPTEMBER 6, 2021
______________________________________________________________________________
CLASS EIGHT – “KISSIN COUSIN” by Elvis Presley
MARRYING WED, SEPTEMBER 8, 2021/MON, SEPTEMBER 13, 2021
C. Traditional Restrictions
1. Incest
2. Age
3. Pre-existing Marriage
4. Mental Incapacity
D. State of Mind Restrictions
1. Fraud
Class Reading(s):
1. Family Law: pp. pp. 110-141; 155-157
2. Reading Materials: N/A
3. Cases:
Incest: State v. Sharon H. (half-brother/sister; sister adopted by another family
Back v. Back (stepdaughter)
Levi-Strauss, The Family excerpt
Mead, excerpt
Minor: In re J.N.M.
Pre-existing Marriage: Collier v. Fox,
Hovious v. Hovious (Texas case)
Mental Capacity: Kerckhoff v. Kerckhoff (Texas case)
Fraud: Johnston v. Johnston
4. Fam. Code: Sec. 6.201 (Consanguinity); Sec. 2.101 (Age Requirement); Sec. 6.202
(Preexisting Marriage); Sec. 6.205 (Marriage to Minor); Sec. 6.206 (Marriage to
Stepchild/Stepparent).
5. Video: Alliance Theory of Kinship by Levi-Strauss: Incest Taboo
Writing Assignment: N/A_____________________________________________________________________________
CLASS NINE & TEN – “COMMON LAW MARRIAGE” by George Clinton
MARRYING “SHOTGUN WEDDING” by Roy ‘C’
WEDNESDAY, SEPTEMBER 15, 2021
E. Common Law Marriage MONDAY, SEPTEMBER 20, 2021
F. Consequence of Noncompliance with Legal Requirements to Marry
1. Void marriages: Related by Blood; Pre-existing Marriage.
Minor-15 yrs. or younger.
2. Voidable marriages: Mental Incapacity; Fraud/Duress/Force; Concealed Divorce
Minor—16 years/older; Impotency; Under Influence of Alcohol/Narcotics
Class Reading(s):
1. Family Law: pp. 160-170
2. Reading Materials: Prebenda. Civil Consequences of Marriage within Statutory Prohibition
3. Cases: Common Law Marriages:
Hargrave v. Duval-Couetil (domicile in foreign jurisdiction)
Coon v. Turek (removal of impediment to marriage)
Russell v. Russell, (Texas case)
Cases: Void Marriages – Texas cases
Prior Existing Marriage: Hovious v. Hovious
Cases: Voidable Marriages in Texas
Under Influence of Alcohol or Drugs: Hooter v. State
Fraud/Duress/Force: Manjlai v. Manjlai
Impotency: T. v. M.
Mental Incapacity: Kerckhoff v. Kerckhoff
Minor: Creel v. Martinez (under 18 years old)
Concealed Divorce: Galbraith v. Galbraith
4. Fam. Code: Common Law Marriages
Sec. 2.401 (Proof Informal Marr.); Sec. 2.402 (Declaration/Registration Informal Marr.)
Fam Code: Void Marriages
Sec. 6.201 (Consanguinity); Sec. 6.202 (Pre-existing marriage; Sec. 6.205 (Minor)
Fam. Code: Voidable Marriages
Sec. 6.102 (Minor); Sec. 6.105 (Alcohol/Drugs); Sec. 6.106 (Impotency); Sec. 6.107
(Fraud/Duress/Force); Sec. 6.108 (Mental Incapacity); Sec. 6.109 (Concealed Divorce); Sec.
6.110 (Marr. During 72 hrs. Waiting Period); Sec. 6.206 (Marr. Stepchild/Stepparent)
Writing Assignment: N/A
______________________________________________________________________________
CLASS ELEVEN–TRADITIONAL MARRIAGE WEDNESDAY, SEPTEMBER 22, 2021
A. Gender Roles
Class Reading(s):
1. Family Law: p. 182; 199-2012. Reading Materials: Feinberg, Exposing the Traditional Marriage Agenda \t
pp. 302-304;313-316;321-323; 328-330
3. Cases: Gender Roles:
Bradwell v. Illinois (admission to state bar)
Graham v. Graham (post-nuptial agreement circa 1940)
Orr v. Orr (husbands not wives pay alimony)
Bennis v. Michigan (coverture—husband and wife are one person in law)
4. Fam. Code: N/A
5. Video: N/A
Writing Assignment: N/A
______________________________________________________________________________
CLASS TWELVE & THIRTEEN – “PARENTS JUST DON’T UNDERSTAND”
CLASS FOURTEEN & FIFTEEN – “GRANDMA’S HANDS” by Bill Withers
PARENTING MON, SEPTMBER 27, 2021/WED, SEPTEMBER 29, 2021
MON, OCTOBER 4, 2021/WED, OCTOBER 6, 2021
A. Parental Authority and Its Limits
1. Education
2. Neglect/Care/Discipline
B. Unmarried Fathers
C. Extended Family
Class Reading(s):
1. Family Law: pp. 363-366; 382-386; 390-398; 405-409; 424-436: 448-457
2. Reading Materials: Godsoe, Redefining Parental Rights (pp. 1, 290-295)
Brock, Beyond D & E: A Look at Other 18 Grounds for Termination
(parental authority)
Bowman, The New Family: Challenges to American Family Law
(extended families)
3. Cases:
Education: Pierce v. Society of Sisters
Jeffrey v. Bd. Of Trustees of Bell ISD (Texas case)
Neglect/Care/Discipline: Dept. of Children, Families v. E.D.O.
In re Pope
In re. M.C. (Texas case)
People v. Carroll
Chronister v. Brenneman
Unmarried Fathers: Stanley v. Illinois
Lehr v. Robertson
Extended Family: Troxel v. Granville
4. Fam. Code: Sec. 151.001(a)(2) (right to discipline child).
Sec. 161.001 et.al (Termination of P-C Relationship).
Sec. 261.001(1)(C)-(D) (Investigation of Child Abuse)
Sec. 160.401-403 (Paternity Registry/Notices)5. Video: N/A
Writing Assignment: N/A
______________________________________________________________________________
CLASS SIXTEEN & SEVENTEEN-- “SHACKING UP” by Barbara Mason
“LOVE CHILD” by The Supremes
NON-MARITAL FAMILIES MON, OCTOBER 11, 2021/WED, OCTOBER 13, 2021
A. Unmarried Adults
B. Unmarried Parents & Their Children
Class Reading(s):
1. Family Law: pp. 559-560; 568-570; 579-598; 609-623; 631-637
Unmarried Adults: Waggoner, Marriage on Decline Cohabitation on Rise
Unmarried Parents & Their Children: Clare Huntington excerpt, Post-marital Family
2. Reading Materials: Day, Living in Sin
3. Cases:
Unmarried Adults: Marvin v. Marvin
Blumenthal v. Brewer
Zaremba v. Cliburn (Texas case)
Unmarried Parents & Their Children
Lalli v. Lalli
Clark v. Jeter
Gomez v. Perez (U.S. Supreme Ct – Texas Case)
4. Fam. Code: Sec. 160.607 (Time Limitation: Child Having Presumed Father)
5. Video: Marvin v. Marvin: Case Brief Summary
Writing Assignment: N/A
______________________________________________________________________________
CLASS EIGHTEEN thru TWENTY– “BUST YOUR WINDOWS” by Jazmine Sullivan
DIVORCE MONDAY, OCTOBER 18, 2021
A. Fault Grounds & Defenses WEDNESDAY, OCTOBER 20, 2021
B. No Fault Grounds MONDAY, OCTOBER 25, 2021
C. Access to Divorce
Class Reading(s):
1. Family Law: pp. 775-778; 780-785; 788-792; 795-796; 801-803; 807-810; 812-816; 838-
840
Friedman, A History of American Law excerpt (fault grounds)
2. Reading Materials: Robbins, Have We Found Fault in No Fault Divorce?
3. Cases: Fault Grounds & Defenses :
Edwards v. Edwards (adultery)
Jenkins v. Jenkins (abandonment/desertion)
Benscoter v. Benscoter (cruelty)
Hollis v. Hollis (connivance)Bodie v. Connecticut (access to divorce)
In re Marriage of Dowd (what is separation)
Bippus v. Bippus (condonation-Texas case)
No Fault Grounds:
Grimm v. Grimm (what constitutes irretrievable breakdown)
In re Marriage of Richards (insupportability-Texas case)
4. Fam. Code: Sec. 6.001-6.007 (divorce grounds: Sec. 6.008(b) (defenses).
TRCP 145 (payment of costs not required (access to divorce)
5. Video: N/A
Writing Assignment: N/A
_____________________________________________________________________________
CLASS TWENTY-ONE, TWENTY-TWO & TWENTY-THREE – CUSTODY
WEDNESDAY, OCTOBER 27, 2021
A. Best Interest of the Child Standard MONDAY, NOVEMBER 1, 2021
1. Uniform Marriage and Divorce Act WEDNESDAY, NOVEMBER 3, 2021
2. Holley Factors (Texas)
B. Application of Best Interests Standard Factors
Class Reading(s):
1. Family Law: pp. 859-956; 974-976; 978-983
Rose v. Rose transcript; Pearson, Sexuality in Child Custody Decisions
Bala, et.al, Children’s Voices in Family Court
2. Reading Materials: Judge Alan Rubenstein, Temporary Custody Order --- Transcript
3. Cases: Holley v. Adams
Arneson v. Arneson (fitness)
Hollon v. Hollon
Hogue v. Hogue (Tex.--lifestyle)
Palmore v. Sidoti (race)
In re S.N. (Tex.—child’s preference)
Rivero v. Rivero (joint custody)
Martinez Jardon v. Pfister (Tex.—JMC)
4. Fam. Code: Sec. 153.002 (best interest); 153.003 (sex/marital status not considered);
153.005 (SMC/JMC); 153.009(a) (Chamber interview-child’s preference);
263.307 (BIC factors)
5. Video: N/A
Writing Assignment: N/A
CLASS TWENTY-FOUR – PARENTING PLANS- “HIGHWAY 20 RIDE” by Zac Brown
“EVERY OTHER WEEKEND” by Reba McEntire
A. Parenting Plan/Visitation MONDAY, NOVEMBER 8, 2021Class Reading(s):
1. Family Law: pp. 1011-1031
2. Reading Materials: Foreman Family Law, What Constitutes a Parenting Plan in Texas?
Texas Standard Possession Order (Possession & Access or Visitation)
3. Cases: Huelskamp v. Huelskamp
In re Marriage of Butts (Texas)
4. Fam. Code: Sec. 153.005–153.075; 153.131–153.134; 153.191–153.192 (Conservatorship)
Sec. 153.311–153.317 (Possession and Access or Visitation)
Sec. 153.601(4) (parenting plan defined)
5. Video: N/A
Writing Assignment: N/A
______________________________________________________________________________
CLASS TWENTY-FIVE— “CHILD SUPPORT” by Barbara Mandell
Property, Alimony, Child Support
A. Child Support & CS Guidelines WEDNESDAY, NOVEMBER 10, 2021
Class Reading(s):
1. Family Law: pp. 1209-1228; Brito, The Welfarization of Family Law excerpt
2. Reading Materials: N/A
3. Cases: Kraisinger v. Kraisiner
Miller v. Miller
Escue v. Escue (Texas)
4. Fam. Code: Sec. 154.001–154.002; 154.061–154.062; 154.121; 154.125; 154.128-154.128
5. Video: N/A
Writing Assignment: N/A
____________________________________________________________________________
CLASS TWENTY-SIX -- Property, Alimony, Child Support
“SHE GOT THE GOLDMINE, I GOT THE SHAFT” by Jerry Reed
MONDAY, NOVEMBER 15, 2021
B. Property Division
1. What is Marital Property (separate or community/marital)
a. Separate/Community
b. Inception of Title Rule--Texas
2. Methods of Property Division
a. Equitable distribution (not necessarily 50-50 split)
b. Community Property (Texas) – (50-50 split)
3. Retirement Benefits
Class Reading(s):
1. Family Law: pp. 1119-1120; 1128-1133; 1134-11372. Reading Materials: N/A
3. Cases: Camp v. Camp, 972 S.W.2d 906 (Corpus Christi-1998) (inception of title)
Holman v. Holman (equitable division)
Parnell v. Parnell, 811 S.W.2d 267 (Tex. App. – Houston [14th Dist.] 1991)
Cameron v. Cameron, 641 S.W.2d 210 (Tex. 1982) (community pty)
Hilliard v. Hilliard, 725 S.W.2d 722 (dividends, interest, rent from separate
property are community property)
Laing v. Laing (pension)
Cearly v. Cearly 544 S.W.2d 661 (1976) (pension controlling law)
Lipsey v. Lipsey (Texas—retirement)
Harris v. Harris (Texas---retirement)
4. Fam. Code: Sec. 3.001–3.002; 3.007
5. Video: N/A
Writing Assignment; Problems #1 to #4, p. 1120 of Family Law.
______________________________________________________________________________
CLASS TWENTY-SEVEN -- Property, Alimony, Child Support
WEDNESDAY, NOVEMBER 17, 2021
C. Reimbursement Claims
Class Reading(s):
1. Family Law: pp. 1119-1120; 1128-1133; 1134-1138
2. Reading Materials: Enos Law Firm, Reimbursement
3. Cases: Holman v. Holman (equitable distribution/reimbursement)
In re Marriage of McCoy & Els, 488 S.W.3d 430 (2016) (Texas-reimbursement)
4. Fam. Code: 3.402 (Reimbursement Claims)
5. Video: N/A
Writing Assignment: N/A
______________________________________________________________________________
CLASS TWENTY-EIGHT -- Property, Alimony, C. Support “ALIMONY” by Bobby Bare
MONDAY, NOVEMBER 22, 2021
D. Alimony/Spousal Maintenance
Class Reading(s):
1. Family Law: pp. 1167-1174; 1177-1179
2. Reading Materials: Enos, Spousal Maintenance (Alimony) in Texas
3. Cases: Gnall v. Gnall
Dykman v. Dykman
Alexander v. Alexander, 982 S.W.2d 116
Lopez v. Lopez, 55 S.W.3d 194 (inability to meet minimum needs)
4. Fam. Code: Sec. Section 8.051
5. Video: N/A
Writing Assignment: N/AExhibit A
LAW FIRMS
Law Firms Firm Members
The Alpha Law Firm Alford, Bell, Berdofe, Boston
The Beta Law Firm Carey, Carter, Jr., Caruthers, Chivers
The Gamma Law Firm Cook, Crabtree, Edwards, Enajero
The Delta Law Firm Foust, Garner, Garza, Gleaton-Stallings
The Epsilon Law Firm Gonzalez-Garcia, Graham, Grandoit, Gul
The Zeta Law Firm Henry-Handy, Holmes, Hooper, Ibrahim
The Eta Law Firm Johnson, Jones, Joubert, King
The Theta Law Firm Linan, Loeb, Lovallo, Mentis
The Iota Law Firm Murphy, Norwood, Palma, Perez
The Kappa Law Firm Pezina, Reyes, Roberts, Rodriguez
The Lambda Law Firm Rozier, Sepulveda, Sexton, Smith
The Mu Law Firm Swinney, Thomas, Thompson, Tostado
The Nu Law Firm Trujillo, Whitaker, Wilburn, YoungExhibit B
COURT OBSERVATION MEMORANDUM
To: Prof. Thelma L. Harmon
From: [Student Exam No.]
Date: [Month/Date/Year]
Subject: Court Observation and Report Assignment
______________________________________________________________________________
INTRODUCTION
The "Introduction" section of your memo should include the following information, in narrative
sentences (not a list): the day, date and time of your observation, the court's full name, including
the County (e.g., "245th Family Court, Harris County”) and its address; the times you arrived at
and left the court house; the name and title of the judge; the cause number of the case (see docket
sheets); you may need to ask courtroom staff); the parties' names and their titles in the action
("petitioner," "respondent," etc.); the attorneys' names and who they represent.
OBSERVATION
This section should describe, in detail, what you experienced and observed while you were in the
courthouse. Explain everything that happened from the time you entered until you left, including
how you chose the proceeding; what the proceeding was about (e.g., what the parties were
arguing about, or the subject of the witness's testimony), and how the various participants
interacted. You should also identify the court personnel in the courtroom, including their titles,
judge’s name only and descriptions of what they did during your visit. You must refer to at least
three of the readings, detailing how the proceedings you observed relate to what we have learned
in class. Cite all applicable provisions of the Tex. Fam. Code.
REACTION
This section should discuss and analyze your observations in terms of what you expected to see,
and what actually happened. Also describe your reactions to the experience, in detail, including
the reasons for your reactions. You should describe how your experience reinforced, or changed,
or otherwise affected your views of our legal system and/or your interest in a career in law. It
should also address other issues, such as anything that surprised you, or that you did not
understand, or that you found noteworthy for any reason.
CONCLUSION
This section should include two or three sentences concluding your report, such as an overall
summary of your experience or any final thoughts.Exhibit C
Grading Rubrics Page 1 of 2
1. Class Participation & Attendance
TASK EXCELLENT GOOD SATISFACTORY POOR
90 to 100 80 to 89 70 to 79 < 70
Prepared Always comes to class Rarely late, almost Sometimes late to class, Frequently late to class,
on time, brings needed always brings often brings materials but rarely brings needed
materials to class and is needed material to sometimes needs to materials and/or is
always in seat ready to class, almost borrow/share. Usually in rarely ready to get
work before start of always ready to seat ready to work by start started by the start of
class. work by start of of class. class.
class.
Class Regularly asks or Often asks or Sometimes asks or answers Rarely or do not or
Discussion answers questions or answers questions questions or make relevant unable to ask or answer
makes relevant or makes relevant observations. Sometimes questions or make
observation(s). observations. Often volunteers. relevant observations.
Regularly volunteers. volunteers Rarely, if ever
volunteers.
Class Absence Attends class regularly Misses 1 class with Misses no more than 2 Misses class often (up
prior arrangement classes w/o prior to the maximum
arrangement amount)
Writing Turned in at least 90% of Turned in least Turned in at least 70% of Turned in less than
Assignments Writing assignments. 80% of Writing Writing assignments. 70% Writing
assignments. assignments.Exhibit C
Page 2 of 2
2. Court Observation Memorandum
TASK EXCELLENT GOOD SATISFACTORY POOR
90-100 80-89 70-79You can also read
